Tuesday, April 17, 2007

Protective sweep only applies to arrest

Gregory D. Bell won in State v. Lemons, No. 96,400 (Kan. App. April 13, 2007), affirming Judge Dickinson's suppression order in a Harvey County drug prosecution. The officers were investigating a possible manufacture and conducted a protective sweep of a house. They had not made an arrest and did not have a warrant for an arrest. Because a protective sweep can only apply incident to an arrest, the COA affirmed.

[Update: the state did not file a PR and the mandate issued on May 17, 2007]

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